People v. Mo CA4/3

DISCUSSION

When appointed counsel has identified no arguable issues on appeal, the appellate court independently reviews the record for any arguable issues. (Wende, supra, 25 Cal.3d at pp. 441-442.) Generally, “an arguable issue on appeal consists of two elements. First, the issue must be one which . . . is meritorious. That is not to say that the contention must necessarily achieve success. Rather, it must have a reasonable potential for success. Second, if successful, the issue must be such that, if resolved favorably to the appellant, the result will either be a reversal or a modification of the judgment.” (People v. Johnson (1981) 123 Cal.App.3d 106, 109.) In this case, we have reviewed the entire record on appeal. Based on our independent judgment and analysis, we have similarly found no arguable issues that require briefing or argument. (See Wende, supra, 25 Cal.3d at p. 442, fn. 3.) The lying-

3 in-wait special circumstance required the jury to find defendant aided and abetted the killing of the victim with express malice. (§ 190.2 subd. (a)(15).) Thus, defendant is ineligible for relief under section 1170.95 as a matter of law, and the trial court properly denied the…